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Mental Health

04 April 2014
Issue: 7601 / Categories: Case law , Law digest , In Court
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TW v Enfield Borough Council [2014] EWCA Civ 362, [2014] All ER (D) 292 (Mar)

As a matter of construction of s 11(4) of the Mental Health Act 1983, when an approved social worker was considering whether it was “reasonably practicable” to consult the nearest relative before making an application to admit a mental patient pursuant to the 1983 Act, the section imposed on the social worker an obligation to strike a balance between the patient’s rights under Art 5 of the European Convention on Human Rights not to be detained unless that was done by a procedure that was in accordance with the law and the patient’s rights under Art 8 to his private life. A patient’s assertion, even if founded on fact and even if reasonable, that consultation would lead to an infringement of her rights under art 8 of the Convention could not, as a matter of law, lead automatically to the conclusion that it was “not reasonably practicable” to consult the “nearest relative”. Nor was an approved social worker’s conclusion that such consultation

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Gibson Dunn—London partner promotions

Gibson Dunn—London partner promotions

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NEWS
One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
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